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(영문) 전주지방법원 남원지원 2021.01.27 2020가단2183
저당권설정등기말소
Text

The defendant shall receive on September 24, 2003 support from the Jeonju District Court for the real estate stated in the attached list to C.

Reasons

1. Basic facts

A. On June 11, 2002, the Plaintiff loaned 20 million won to D at 15.9% of the loan interest rate, 19% of the delayed damage rate, and 1 year from the date of the loan due (the maturity was extended until June 12, 2008).

The term “the instant loan contract” (hereinafter “the instant loan contract”), and C jointly and severally guaranteed D’s obligation on the same day (the guarantee limit of KRW 28 million). (b) D paid only part of the principal and interest to the Plaintiff until 2007, and did not repay the remainder of the loans, interest, etc. by the due date under the instant loan contract.

On January 19, 2010, the Plaintiff filed an application with Seoul Southern District Court for a payment order seeking loans under the instant loan agreement and interest thereon, etc. with respect to D around 2010, and the said court issued the same payment order with respect to D on January 19, 2010, and the payment order became final and conclusive as it is.

In 2019, the Plaintiff filed an application with D for payment order under the above court 172519 for the extension of the statute of limitations on the claim for the above payment order. On January 3, 2020, the above court issued a payment order with the purport that “D shall pay to the Plaintiff 61,392,816 won and the amount of KRW 18,705,512 calculated at the rate of 19% per annum from December 3, 2019 to the date of full payment,” and the above payment order was finalized as it is.

(c)

On December 10, 2008, the Plaintiff filed an application with the Seoul Southern District Court for a payment order seeking joint and several surety deposits for the instant loans, etc. with the Seoul Southern District Court No. 2008 (13173). The above court issued the same payment order with respect to C on December 10, 2008, and the payment order was finalized as it is.

Since then, the Plaintiff filed an application with C for a payment order with the above court from 2019 to 172589 for the extension of the statute of limitations on the claim for the above payment order. On December 9, 2019, the above court held that “C shall pay KRW 52,436,891 to the Plaintiff and KRW 16,150,00 among them, from December 3, 2019 to the date of full payment.

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